How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6657
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi my fianceis BolivXXXXX XXXXXves in the UK here with me and has

Resolved Question:

Hi
my fianceis BolivXXXXX XXXXXves in the UK here with me and has done now for 2 years. We applied for an extention to her fiance visa in Janary 2012. We have not yet received an answer.
In that time the UKBA has held her passport and processed my cheque for the fee on the very first day ( 20th Jan 2012 )
We have had to cancel our wedding several times as we need the passport to marry.
I have complained online twice to the UKBA and not received a single response other than the automated acknowlegment. I have also contacted my MP twice and they have complained and been fobbed off with the usual backlog story.
My fiance now needs to travel back to Boliva to see her mother who is ill. We could stop the application but I am worried that she may get stuck in Boliva as we go back to th back of the queue again.
What course of action should we take. The official guidline for visa reponse is maximum 6 months..it has now been a year..is there a legal route I can take ?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

When did you submit the original application?

Did she enter on the fiance visa?

When was this granted until?

When did you marry?

Tom
Customer: replied 2 years ago.


Hi we are not married.


We cant as we are told by the registry office that we need her passport.


She originally entered the UK over 3 years ago on a tourist visa.
She went back to Bolivia in 2011 and applied for the fiance visa in the summer and was granted a 6mth fiance visa.


There was a delay in our wedding plans however as I had a very long wait for a decree absolute from my previous marriage...so we applied for an extension to the fiance visa from within the UK. That was on 20th January and we have heard absolutely nothing since....despite me now being free to marry and having had a wedding booked several times which we have had to cancel due to the UKBA still holding her passport.

Expert:  Thomas replied 2 years ago.
Hi,

I will have to answer tomorrow morning at 9 bst now I'm afraid.

Tom
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

There are no easier answers to what you should do, only hard choices.

Frankly, I am quite surprised that the originally granted her a fiancé visa if she was originally in the UK on a vistor’s visa. As you are probably aware, this is a visa which does not permit the visitor to apply for further visas because it is a condition that they must leave before the expiry of the visa.

This makes her immigration history unusual. The fact that you were not able to marry in the fiancé visa period afforded to her further makes her immigration history much more complicated. Such cases generally mean that determining further applications is a more protracted process.

However the length of time that it has taken is long, even by UKBA standards, which are poor. I appreciated what the guidelines say, but they are targets rather than obligations.

She has a choice to make. Even if the fiance visa is granted then there is no guarantee that she would be able to return to see her mother and enter again on it. Fiancé visas are intended to allow a person to either travel to or remain in the UK for 6 months specifically for the purpose of arranging the marriage and carrying it out. It’s not a multi-entry visa, so it’s generally not expected for a person to come and go out of the country .

This means that if she leaves the UK if and when the fiancé visa is granted then there is a possibility that she may be taken for questioning upon attempted re-entry and then potentially refused entry. I have to be frank, it’s a risk. At the very least you should be at the airport when she attempts entry and you should both have evidence that you intend to marry.

If she asks for the applacition to be returned then she will have her passport straight away and can return home almost immediately. If she were to do so then she would have to make another application for a fiancé visa from her home country. If she is to do this then I would strongly suggest seeing a UK based immigration solicitor to prepare an out of country application to take to submit straight away.

If you have not instructed a solicitor then I would attend a good immigration solicitor and get them to write a further letter to them setting out in specific chronology the events leading up to where you are now. It should refer to personal statements from you both and also from your MP. It would state that it is a Complaint and ask that the application is determined immediately.

I am very sorry that I could not have a more imaginative answer for you, the truth is that there is not one and you are faced, by circumstances, with only dilemmas.

.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6657
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1810 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor